Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the DiamondMetriq mobile application and website (collectively, the "Service") operated by DiamondMetriq LLC ("we," "us," or "our").

By accessing or using the Service, you confirm that you are at least 13 years of age, or that you are a parent or guardian consenting on behalf of a minor user, and that you have the legal capacity to enter into these Terms.

2. Description of Service

DiamondMetriq is a baseball IQ assessment platform that allows coaches to assign assessments to players, track player development, and gain insights into team performance. The Service includes:

• Baseball IQ assessments across five categories
• Coach results dashboards and team analytics
• Player progress tracking
• Custom assessment and question creation tools
• AI-powered question generation and season insights
• Tryout Mode for evaluating candidates

3. User Accounts

Coaches: Coaches create accounts to manage their roster, assign assessments, and view results. Coaches are responsible for the accuracy of the information they provide and for maintaining the security of their account credentials.

Players: Player accounts are created through their coach. Players are responsible for completing assigned assessments honestly and to the best of their ability.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. Please notify us immediately at legal@diamondmetriq.com if you suspect unauthorized access to your account.

4. Coach Responsibilities

Coaches using DiamondMetriq agree to:

• Use the platform only for legitimate baseball coaching and development purposes
• Obtain appropriate consent before adding minor players to the platform
• Handle player results with appropriate professionalism and care
• Not share player data with unauthorized parties
• Use assessment data to support, not harm, player development

5. Your Content

DiamondMetriq allows coaches to create custom questions and assessment content ("Your Content"). You retain ownership of Your Content. By creating and using Your Content on DiamondMetriq, you grant us a non-exclusive license to store and display that content within the platform for the purpose of providing the Service.

Question Submissions: If you choose to submit a custom question to the DiamondMetriq standard question bank for review, you grant DiamondMetriq a license to review, edit, and if approved, incorporate that question into the standard bank. DiamondMetriq is under no obligation to approve or use submitted questions.

You agree not to create content that is false, misleading, offensive, or in violation of any third-party rights.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service
• Use automated tools or bots to interact with the Service
• Share account credentials or allow unauthorized users to access your account
• Submit false or misleading information during assessments
• Harass, intimidate, or harm other users through the platform

7. Intellectual Property

The DiamondMetriq platform, including its design, question bank, scoring methodology, and all related content created by DiamondMetriq LLC, is owned by DiamondMetriq LLC and protected by intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from DiamondMetriq's proprietary content without express written permission.

The DiamondMetriq name, logo, and "Winners Win." tagline are trademarks of DiamondMetriq LLC. Unauthorized use of these marks is prohibited.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

9. Assessment Integrity

DiamondMetriq assessments are designed to measure genuine baseball knowledge. Users agree to complete assessments honestly without using external resources, sharing questions with others, or otherwise attempting to inflate scores artificially.

Assessment data is used for player development and, with consent, anonymous benchmarking. Misuse of the assessment system undermines its value for the entire baseball community.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. DiamondMetriq LLC does not warrant that the Service will be uninterrupted, error-free, or completely secure.

DiamondMetriq LLC does not guarantee any specific outcomes from using the platform, including improved player performance or development.

11. Limitation of Liability

To the maximum extent permitted by law, DiamondMetriq LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary, DiamondMetriq LLC's total liability for any cause whatsoever and regardless of the form of action will at all times be limited to the lesser of (a) the amount you paid to DiamondMetriq LLC, if any, in the twelve (12) months prior to the cause of action arising, or (b) one hundred US dollars (US $100.00).

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

12. Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms or engage in behavior that harms other users or the integrity of the platform.

You may delete your account at any time directly from within the DiamondMetriq app via Settings → Account → Delete Account, or by contacting us at legal@diamondmetriq.com. Upon termination, your access to the Service will cease and your personal data will be deleted in accordance with our Privacy Policy.

13. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify users through the app or by email. Your continued use of DiamondMetriq after changes take effect constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

Governing Law. These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), you and DiamondMetriq LLC agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other at legal@diamondmetriq.com.

Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, through document submission, by phone, or online. Except where otherwise required, the arbitration will take place in Manatee County, Florida.

Class Action Waiver. You and DiamondMetriq LLC agree that any arbitration shall be limited to the Dispute between us individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. The following Disputes are not subject to the above arbitration provisions: (a) Disputes seeking to enforce or protect intellectual property rights of either party; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Court Venue. If a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced in the state and federal courts located in Manatee County, Florida, and the parties consent to personal jurisdiction and waive defenses of forum non conveniens.

Time Limit. Any claim arising from these Terms or use of the Service must be commenced within one (1) year after the cause of action arises.

15. Mobile Application License

Use License. If you access the Service via the DiamondMetriq mobile app (the "App"), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, in accordance with these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; (2) make any modification, adaptation, improvement, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by us; (5) make the App available over a network permitting use by multiple devices or users at the same time; (6) use the App to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App; (7) use the App to send automated queries or unsolicited commercial email; or (8) use any of our proprietary information or interfaces in the design, development, or distribution of any applications, accessories, or devices for use with the App.

Apple and Google Devices. The following terms apply when you obtain the App from either the Apple App Store or Google Play (each an "App Distributor"):

• The license granted is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, in accordance with the App Distributor's terms of service.
• We are responsible for providing any maintenance and support services with respect to the App. You acknowledge that each App Distributor has no obligation to furnish any maintenance and support services.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor may refund the purchase price (if any) paid for the App. To the maximum extent permitted by law, the App Distributor will have no other warranty obligation.
• You represent and warrant that (i) you are not located in a country subject to a US government embargo or designated by the US government as a "terrorist supporting" country, and (ii) you are not listed on any US government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• You acknowledge that the App Distributors are third-party beneficiaries of these Terms, and each App Distributor will have the right to enforce these Terms against you as a third-party beneficiary.

16. Indemnification

You agree to defend, indemnify, and hold harmless DiamondMetriq LLC and its officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand — including reasonable attorneys' fees and expenses — made by any third party arising out of: (1) your use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward another user of the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

17. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically — via email or on the Service — satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You waive any rights or requirements under any laws requiring an original signature or delivery of non-electronic records.

18. California Residents

If you are a California resident and any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

19. Contact Us

If you have questions about these Terms of Service, please contact us at legal@diamondmetriq.com or through our contact form.